Kent v. Dulles

357 U.S. 116 (1958)

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Nature of the Case

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Facts

Kent (P) was denied a passport under Section 51.135 of the Regulations promulgated by the Secretary of State in that he was a Communist who had a consistent and prolonged adherence to the Communist Party Line. A passport was not a legal requirement for leaving or entering the United States until June 27, 1952, when the Act made it unlawful to depart from or enter the U.S. unless a party had a valid passport. At intervals, a passport had been required such as during the War of 1812, and during the Civil War and during WW I., and again in WW II under the 1926 Act. The WW II provision expired in 1952, and Congress extended the statutory provisions for another year during which the Secretary promulgated the regulations that denied P a passport.